This case was last updated from Los Angeles County Superior Courts on 10/02/2020 at 07:48:00 (UTC).

BROADCAST MUSIC INC. VS 11343 PENROSE INC

Case Summary

On 09/30/2019 BROADCAST MUSIC INC filed an Other lawsuit against 11343 PENROSE INC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4252

  • Filing Date:

    09/30/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

BROADCAST MUSIC INC.

Respondent

11343 PENROSE INC AKA 11343 PENROSE INC. DBA LA VIDA GENTLEMAN'S CLUB AKA LA VIDA GENTLEMANS CLUB

Attorney/Law Firm Details

Petitioner Attorney

AIRES TIMOTHY CARL

Respondent Attorney

DIAMOND ROGER JON

 

Court Documents

Minute Order - Minute Order (Hearing on Motion to Confirm Arbitration Award)

9/1/2020: Minute Order - Minute Order (Hearing on Motion to Confirm Arbitration Award)

Notice (name extension) - Notice of SUA Sponte Continuance of Hearing on Petition to Confirm Contractual Arbitration Award as Judgment

7/17/2020: Notice (name extension) - Notice of SUA Sponte Continuance of Hearing on Petition to Confirm Contractual Arbitration Award as Judgment

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

6/11/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Reply (name extension) - Reply in Support of Petition to Confirm Contractual Arbitration Award as Judgment

3/9/2020: Reply (name extension) - Reply in Support of Petition to Confirm Contractual Arbitration Award as Judgment

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Opposition (name extension) - Opposition To Petition

2/3/2020: Opposition (name extension) - Opposition To Petition

Memorandum (name extension) - Memorandum of Law in Support of Petition to Confirm Contractual Arbitration Award as Judgment

12/2/2019: Memorandum (name extension) - Memorandum of Law in Support of Petition to Confirm Contractual Arbitration Award as Judgment

Proof of Service by Substituted Service - Proof of Service by Substituted Service

1/21/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Answer - Answer

1/23/2020: Answer - Answer

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

1/27/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

First Amended Standing Order - First Amended Standing Order

9/30/2019: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

9/30/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

9/30/2019: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

9/30/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

9/30/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

4 More Documents Available

 

Docket Entries

  • 11/09/2020
  • Hearing11/09/2020 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Confirm Arbitration Award

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  • 09/01/2020
  • DocketMinute Order (Hearing on Motion to Confirm Arbitration Award)

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  • 09/01/2020
  • DocketPursuant to the request of plaintiff, Hearing on Motion to Confirm Arbitration Award scheduled for 09/01/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 11/09/2020 09:30 AM

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  • 07/22/2020
  • DocketUpdated -- Event scheduled for 09/01/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Type changed from Hearing on Petition (name extension) to Hearing on Motion to Confirm Arbitration Award

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  • 07/17/2020
  • DocketNotice of SUA Sponte Continuance of Hearing on Petition to Confirm Contractual Arbitration Award as Judgment; Filed by: BROADCAST MUSIC INC. (Petitioner); As to: 11343 Penrose Inc (Respondent)

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  • 06/11/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 06/11/2020
  • DocketReset - Court Unavailable, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 07/20/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 09/01/2020 08:30 AM

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  • 04/16/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/16/2020
  • DocketReset - Court Unavailable, Hearing on Petition Petition to Confirm Arbitration Award scheduled for 05/12/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 07/20/2020 08:30 AM

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  • 03/16/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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5 More Docket Entries
  • 01/23/2020
  • DocketAnswer; Filed by: 11343 Penrose Inc (Respondent)

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  • 01/21/2020
  • DocketProof of Service by Substituted Service; Filed by: BROADCAST MUSIC INC. (Petitioner); As to: 11343 Penrose Inc (Respondent); Proof of Mailing Date: 12/06/2019; Service Cost: 80.00; Service Cost Waived: No

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  • 12/02/2019
  • DocketMemorandum of Law in Support of Petition to Confirm Contractual Arbitration Award as Judgment; Filed by: BROADCAST MUSIC INC. (Petitioner)

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  • 10/02/2019
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 02/03/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/02/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 09/30/2019
  • DocketPetition to Confirm Arbitration Award; Filed by: BROADCAST MUSIC INC. (Petitioner); As to: 11343 Penrose Inc (Respondent)

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  • 09/30/2019
  • DocketCivil Case Cover Sheet; Filed by: BROADCAST MUSIC INC. (Petitioner); As to: 11343 Penrose Inc (Respondent)

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  • 09/30/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 09/30/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/30/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP04252    Hearing Date: September 01, 2020    Dept: 26

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285)

TENTATIVE RULING:

Petitioner Broadcast Music, Inc.’s Petition to Confirm Arbitration Award against Respondent 11343 Penrose, Inc. aka 11343 Penrose Inc. dba La Vida Gentlemen's Club Aka La Vida Gentlemens Club is GRANTED. PETITIONER TO FILE PROPOSED JUDGMENT WITHIN TEN (10) DAYS.

ANALYSIS:

Petitioner Broadcast Music, Inc. (“Petitioner”) filed the instant Petition to Confirm Arbitration Award against Respondent 11343 Penrose, Inc. aka 11343 Penrose Inc. dba La Vida Gentlemen's Club Aka La Vida Gentlemens Club (“Respondent”) on September 30, 2019. Respondent filed an Answer on January 23, 2020 and an opposition on February 3, 2020. On March 9, 2020, Petitioner filed its Reply.

 

Legal Standard

“Regardless of the particular relief granted, any arbitrator's award is enforceable only when confirmed as a judgment of the superior court.”  (O'Hare v. Municipal Resource Consultants (2003) 107 Cal.App.4th 267, 278.) “Once a petition to confirm an award is filed, the superior court must select one of only four courses of action: it may confirm the award, correct and confirm it, vacate it, or dismiss the petition.” (EHM Productions, Inc. v. Starline Tours of Hollywood, Inc. (2018) 21 Cal.App.5th 1058, 1063.) “It is well settled that the scope of judicial review of arbitration awards is extremely narrow.” (California Faculty Assn. v. Superior Court (1998) 63 Cal.App.4th 935, 943.)  “Neither the trial court, nor the appellate court, may ‘review the merits of the dispute, the sufficiency of the evidence, or the arbitrator's reasoning, nor may we correct or review an award because of an arbitrator's legal or factual error, even if it appears on the award's face.  Instead, we restrict our review to whether the award should be vacated under the grounds listed in section 1286.2.  [Citations.]’” (Id.)

Discussion

On July 1, 2019, an arbitrator issued an award requiring Respondent to pay Petitioner $5,557.50, plus nine (9) percent interest on any portion unpaid from July 1, 2019, $1,589.66 for late payments and interest, $280.00 in attorney’s fees and costs, and $1,325.00 in arbitration fees. (Pet., ¶8 and Attachment 8(c).) On September 30, 2019, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”).

A. Filing Requirements of a Petition to Confirm Arbitration Award (CCP § 1285.4)

Code of Civil Procedure section 1285.4 states: “A petition under this chapter shall:

(a) Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement.

(b) Set forth the names of the arbitrators.

(c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.”

(Code Civ. Proc., § 1285.4 (emphasis added).)

The Court notes that Petitioner has submitted a copy of the Arbitration Agreement (Pet., Attach. 4(b)), name of the arbitrator (Pet., ¶6), and a copy of the Arbitration Award (Pet., Attach. 8(c)).  Thus, the Court finds that Petitioner has satisfied Code of Civil Procedure section 1285.4.

B. Service of the Arbitration Award (CCP § 1283.6)

Code of Civil Procedure section 1283.6 requires that “[t]he neutral arbitrator shall serve a signed copy of the award on each party to the arbitration personally or by registered or certified mail or as provided in the agreement.” (Code Civ. Proc., § 1283.6.) The award was served on the parties on July 1, 2019 by mail and electronic mail. It is unclear whether this service satisfies section 1283.6 because there is no showing that email service was permitted by the agreement, nor is the type of mail service specified. However, proper service of the award with the Petition is sufficient to meet the requirements of section 1283.6 (Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.) Accordingly, any failure by the arbitrator to serve the arbitration award has been corrected by service of the award in conjunction with the Petition and is not a barrier to confirming the arbitration award.

 

C. Service of Petition and Notice of Hearing (CCP § 1290.4)

Code of Civil Procedure section 1290.4 states in pertinent part:

“(a) A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.

(b) If the arbitration agreement does not provide the manner in which such service shall be made and the person upon whom service is to be made has not previously appeared in the proceeding and has not previously been served in accordance with this subdivision: ¶ (1) Service within this State shall be made in the manner provided by law for the service of summons in an action.”

(Code Civ. Proc., § 1290.4.) The Proof of Service, filed on January 21, 2020, shows that the petition papers and notice of hearing were sub-served on Respondent on December 6, 2019. (Proof of Service, filed 12/6/19.) Accordingly, the Court finds that Petitioner has satisfied Code of Civil Procedure section 1290.4.

D. Timeliness of Petition to Confirm Arbitration Award

A party may seek a court judgment confirming an arbitration award by filing and serving a petition no more than four years after the award is served.  (Code Civ. Proc., § 1288.) The petition, however, must be served at least ten (10) days after service of the signed copy of the award. (Code Civ. Proc., § 1288.4.)  The Petition was timely served less than three months after the award was issued. Although the only proof of proper service of the Petition is concurrent with service of the Award, as discussed above, there is no apparent prejudice to Respondent from the delay in service of the Award. The Court finds that Petitioner has satisfied Code of Civil Procedure section 1288 and that any failure to comply with section 1288.4 is not a bar to entry of judgment upon the Award.

E. Merits of the Petition to Confirm Arbitration Award

An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered.  (Code Civ. Proc., § 1287.6; Jones v. Kvistad (1971) 19 Cal.App.3d 836, 840.) Petitioner has demonstrated that on July 1, 2019, an arbitrator issued an award requiring Respondent to pay Petitioner $5,557.50, plus nine (9) percent interest on any portion unpaid, $1,589.66 for late payments and interest, $280.00 in attorney’s fees and costs, and $1,325.00 in arbitration fees. (Pet., ¶8 and Attachment 8(c).)

Respondent opposes confirmation of the award on the grounds that the arbitration agreement was unconscionable for requiring arbitration in New York City. (Opp., pp. 1-2.) Unconscionability is a defense to a petition to compel arbitration. (Sonic-Calabasas A, Inc. v. Moreno (2013) 57 Cal.4th 1109, 1142.) It is not a defense to a petition to confirm arbitration. (Code Civ. Proc., §§ 1285.8, 1286.2.) The only grounds to vacate an arbitration award are those set forth in Code of Civil Procedure section 1286.2, none of which are cited in the opposition. Accordingly, the Court finds there are no grounds to vacate the arbitration award.

Finally, Petitioner also asks for post-judgment costs in the amount of $305.00. Costs and fees incurred in judicial proceedings to enforce an arbitration award are recoverable by the prevailing party as a matter of right.  (Code Civ. Proc., § 1293.2; Austin v. Allstate Ins. Co. (1993) 16 Cal.App.4th 1812, 1815-1816.) Those costs and fees are to be recovered under the procedure provided in Code of Civil Procedure, section 1021, et seq., which states, “[e]xcept as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.”

CRC, Rule 3.1700 governs prejudgment costs, including the filing fee now sought by Petitioner. To obtain such costs, Petitioner must “serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment.” (Cal. Rules of Court, Rule 3.1700(a)(1).)

Conclusion

Petitioner Broadcast Music, Inc.’s Petition to Confirm Arbitration Award against Respondent 11343 Penrose, Inc. aka 11343 Penrose Inc. dba La Vida Gentlemen's Club Aka La Vida Gentlemens Club is GRANTED. PETITIONER TO FILE PROPOSED JUDGMENT WITHIN TEN (10) DAYS.

Moving party is to give notice.